No. 23A903

Environmental Protection Agency v. Calumet Shreveport Refining, LLC, et al.

Lower Court: Fifth Circuit
Docketed: 2024-04-09
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: clean-air-act epa-action judicial-review nationwide-scope small-refinery-exemption venue-provision
Key Terms:
Environmental AdministrativeLaw SocialSecurity JusticiabilityDoctri
Latest Conference: N/A
Question Presented (from Petition)

Whether the EPA's denial of small refinery hardship exemption petitions under the Clean Air Act's Renewable Fuel Standard program is a "nationally applicable regulation" or "final action" subject to exclusive review in the D.C. Circuit under 42 U.S.C. 7607(b)(1), or whether such denials are "locally or regionally applicable" actions subject to review in the regional court of appeals.

Question Presented (AI Summary)

Whether the Clean Air Act's venue provision requires judicial review of EPA small refinery exemption denials to be filed exclusively in the D.C. Circuit when the agency's action is not deemed 'nationally applicable'

Docket Entries

2024-04-11
Application (23A903) granted by Justice Alito extending the time to file until May 21, 2024.
2024-04-09
Application (23A903) to extend the time to file a petition for a writ of certiorari from April 21, 2024 to May 21, 2024, submitted to Justice Alito.

Attorneys

United States Environmental Protection Agency
Elizabeth B. PrelogarSolicitor General, Petitioner